Construction, Forestry and Maritime Employees Union

[2024] FWCA 1102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/803)

DOVE PASSIVE FIRE (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 28 MARCH 2024

Application for approval of the Dove Passive Fire (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Dove Passive Fire (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2024. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Construction, Forestry and Maritime Employees Union, sought approval from the Fair Work Commission for the Dove Passive Fire (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The dispute involved the negotiation and subsequent ratification of a collective agreement that was meant to govern employment conditions between the parties. The application was brought before the Fair Work Commission, which has jurisdiction over matters concerning workplace relations and collective agreements under Australian labour law.

The primary legal issue before the Commission was whether the collective agreement met the statutory criteria for approval, including compliance with the Fair Work Act 2009. The Commission needed to determine if the agreement was made in good faith and whether it adhered to the principles of the national workplace relations system. Additionally, the Commission had to assess if the agreement provided for the proper representation of employees and whether it met the standards for fair and reasonable terms.

In reaching its decision, the Commission examined the evidence presented and the provisions of the agreement. The Commission found that the agreement was negotiated in good faith and aligned with the objectives of the Fair Work Act. It was noted that the agreement provided adequate representation for employees and contained terms that were fair and reasonable. The Commission concluded that the collective agreement met all the statutory requirements for approval. Consequently, the Commission granted approval for the Dove Passive Fire (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established